(영문) 대구고등법원 2014.07.03 2013노659 | 리걸엔진

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(영문) 대구고등법원 2014.07.03 2013노659

살인미수등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

A knife knife knife f.

Reasons

1. Summary of grounds for appeal;

A. Defendant and a person subject to attachment order, a person subject to a request for attachment order, and a person subject to medical treatment and custody 1) misunderstanding of facts (in relation to attempted murder), Defendant and a person subject to attachment order and a person subject to medical treatment and custody

(2) A) A tenant, who is a tenant, did not properly pay monthly rent and public charges, was found to find the victim while knifeing the knife, and the victim knifeed the defendant who knife the knife, and there was no fact that the defendant knife the victim's knife with the victim's knife or displayed the victim's knife with the victim's knife in mind. (2) At the time of each of the crimes of this case, the defendant suffered from ordinary knife had weak ability to discern things or make decisions.

3) The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable and unfair. B. Prosecutor 1) The lower court’s sentence on the Defendant’s case is too uneasible and unfair.

2. The part of the request for attachment order is unfair because the period of attachment of the location tracking device ordered by the court below is too short.

2. Determination

A. On the part of the defendant's case, the court below found that the defendant committed an act identical to the facts stated in the judgment of the court below as to the attempted murder of the victim according to evidence duly adopted and investigated by the court below, such as the victim's investigation agency to the court below's consistent, specific, and inconsistent statement, the victim's statement from the victim's criminal investigation agency to the court below's original trial, the seized knife photograph, photographs taken of the damaged part of the victim's injury and the upper part of the seized kitchen, and the investigation report on the field situation. The court below held that the defendant committed an act as stated in the crime in the judgment of the court below as to the attempted murder of the victim.

유사 판례

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